Separation of Powers Quiz

<p>Ensure power is balanced by other powers (A)</p> Signup and view all the answers

<p>Executive presidential system (C)</p> Signup and view all the answers

<p>Power corrupts, but it can be controlled (D)</p> Signup and view all the answers

<p>Montesquieu (B)</p> Signup and view all the answers

<p>Administrative (C)</p> Signup and view all the answers

<p>The supremacy of Parliament (D)</p> Signup and view all the answers

<p>Reformed the Lord Chancellor's role to be an ordinary minister (A)</p> Signup and view all the answers

<p>Law Lords could simultaneously perform legislative functions (C)</p> Signup and view all the answers

<p>Acting as a judge while also being a minister (A)</p> Signup and view all the answers

<p>Section 4 (D)</p> Signup and view all the answers

<p>They are removed from the political upper house (A)</p> Signup and view all the answers

<p>The executive must resign if Parliament loses support (C)</p> Signup and view all the answers

<p>It excludes Parliament from being classified as a public body (D)</p> Signup and view all the answers

<p>Some believed the Lord Chancellor protected the judiciary from executive interference (C)</p> Signup and view all the answers

<p>By clearly distinguishing the roles of political and judicial bodies (D)</p> Signup and view all the answers

<p>Monarchy (B)</p> Signup and view all the answers

<p>Functional separation (B)</p> Signup and view all the answers

<p>To interpret and apply laws (C)</p> Signup and view all the answers

<p>The ability of branches to limit each other’s powers. (B)</p> Signup and view all the answers

<p>UK government ministers are also members of Parliament. (D)</p> Signup and view all the answers

<p>Ex parte Smedly (D)</p> Signup and view all the answers

<p>Overlapping responsibilities among branches. (D)</p> Signup and view all the answers

<p>They create legal precedents. (D)</p> Signup and view all the answers

<p>Chilcot Inquiry (B)</p> Signup and view all the answers

<p>Lack of accountability for judges. (B)</p> Signup and view all the answers

<p>Checks and balances (C)</p> Signup and view all the answers

<p>Ouster clauses (D)</p> Signup and view all the answers

<p>Parliament has supreme authority over judiciary. (D)</p> Signup and view all the answers

<p>A principle allowing states flexibility in human rights issues. (A)</p> Signup and view all the answers

The principle of dividing governmental power among different branches to prevent any one person or group from holding too much power.

The branch responsible for executing and enforcing laws.

The branch responsible for making laws.

The branch responsible for interpreting laws and settling disputes.

A system where each branch of government can limit the power of the other branches, preventing abuse of power.

A situation where different branches of government disagree and block each other's actions, resulting in inaction.

An oppressive and cruel form of rule.

The idea that power in government should be dispersed and limited to prevent concentration in one person or group.

Parliament has the ultimate power to create or change laws, even if they conflict with the Human Rights Act 1998 (HRA).

The courts can't strike down laws but can issue a 'declaration of incompatibility' if they find a law conflicts with the HRA. This highlights the conflict but doesn't invalidate the law.

The HRA broadened the definition of "public bodies" to include organizations significantly involved in public functions, subjecting them to human rights law. This expanded the scope of judicial oversight.

The Lord Chancellor was the head of the judiciary, speaker of the House of Lords, and a Minister (Justice Secretary). This violated the separation of powers (SoP) by combining functions.

The Constitutional Reform Act (2005) removed the Lord Chancellor's role as head of the judiciary and speaker of the House of Lords, making them an ordinary minister.

The Supreme Court replaced the 'Law Lords' in the House of Lords to reinforce the separation of powers. The Supreme Court now has its own building to symbolize its independence.

The public didn't understand the distinction between the political House of Lords and the 'Law Lords' (judges) who sat within it. This blurred the separation of powers.

The Prime Minister advises the King on dissolving Parliament, the executive must step down if it loses Parliament's support, and the executive appoints judges through democratic process.

The courts use judicial review to examine executive branch actions for legality. This checks the executive branch.

The courts can hold Parliament accountable through statutory interpretation (examining laws) and upholding the rule of law.

The UK's system is not a pure separation of powers, as some individuals can belong to multiple branches. For example, government ministers are both members of the executive and the legislature.

The judicial branch is considered the least dangerous because it is more passive and relies on others to bring cases before it. Unlike the executive and legislative branches, it doesn't have any real weapons or forceful power.

Judges are both interpreters of the law (as set by Parliament) and law-makers through rulings that create precedents, leading to potential conflicts between their roles.

The judiciary is independent of Parliament, with the courts having the power to determine the legality of parliamentary actions. This ensures a balance of power.

A constitutional convention that ensures a separation between Parliament and the judiciary, highlighting the importance of their independence.

Both Parliament and the judiciary make laws, blurring the lines of functional separation of powers. However, judges have a residual power to enforce fundamental legal principles.

The courts have a role in developing common law, which fills gaps left by Parliament, further demonstrating the overlap in lawmaking between the branches.

The courts can review executive actions, even those relating to foreign affairs and national security, but with varying intensity depending on the subject matter, ensuring accountability.

The courts have a limited role in reviewing certain executive powers, such as those concerning international relations, defense, and treaty making, due to the potential damage to national security and international relations.

The judiciary is involved in checking the executive through inquires into controversial events, providing a mechanism for accountability and scrutiny.

The Chilcot Inquiry, a significant example of judicial inquiries into executive decisions, focused on the UK's involvement in the Iraq War, examining the decision-making process and identifying lessons learned.